Jackson Walker partner Paul Watler was quoted in the San Antonio Express-News on the Texas Supreme Court’s recent proposal to make public records available via an online database. The article explains how county clerks and some state representatives oppose the proposal and fear that it will lead to a loss in revenue and issues with personal security. However, Paul argues that public access to information should take precedent over these concerns.

“Local court clerks have an important role to play in processing online court filings, but they do not own those records, and the people who do own them should have ready and convenient access.” Paul told the San Antonio Express-News. “Treating court records as a revenue source at the expense of public access to information about the courts and judicial proceedings is at odds with our system of democracy.”

Paul emphasizes that the Legislature and county governments must ensure that the clerks’ vital functions are adequately funded and asserts that an online system will be much more efficient and cost-effective than the current system.

“But the actual cost of providing access to electronic court records is a fraction of the cost in the paper system,” Paul said. “It is simply unrealistic to expect that revenues to counties can be held at analog levels in a digital world.”

Those in opposition of the proposal also argue that it could pose a threat to personal security, insisting that an online database is not secure enough to protect sensitive information and sealed documents. According to Paul, however, this concern has been addressed.

“The Texas civil justice system already has sufficient safeguards in place to deal with any need for sealing of court records and protecting personal privacy,” he said. “Those issues need not stand in the way of public access to electronic court records.”

For more information, read “Bexar County clerks deeply opposed to proposed online records database,” by the San Antonio Express-News.

About Paul Watler

Based in Dallas, Paul Watler is a commercial and media litigation attorney with a wealth of experience in First Amendment issues. He represents newspapers, television stations, media companies, websites, and journalists in libel, anti-SLAPP (Texas Citizens Participation Act), public information, invasion of privacy, copyright, newsgathering and commercial lawsuits. Paul is Board Certified in Civil Trial Law by the Texas Board of Legal Specialization.

Paul  currently serves as Director of the Freedom of Information Foundation of Texas and a member of the Advisory Council of the University of Texas at Austin Moody College of Communication. He has been recognized in The Best Lawyers in America since 1995 and is currently listed in the categories of First Amendment Litigation, Bet-the-Company Litigation and Commercial Litigation.